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Home My WebLink AboutMin - City Council - 1997 - 06/19 - RegularALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 Present: Stephen Terrell, Mayor Councilmemben: David Kerr, Mayor Pro Tem Lonnie Thomas Doug Gallagher Dave Powyszynski Kenneth Fulk Melissa Owen City Staff: Jon McCarty, City Manager Judy Morrison, City Secretary DINNER AND WORKSHOP SESSION - 6:15 P.M. With a quorum of the Councilmembers present, dinner and the workshop session of the Allen City Council was called to order by Mayor Terrell at 6:15 p.m. on Thursday, June 19, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Open Council Discussion (Agenda Item m Ministerial Alliance - Discussion was held regarding the scheduling of the various members of the Ministerial Alliance to be present for each Council Meeting to present an Invocation. The Alliance will be forwarding information to the City and the Council will establish guidelines to present to the Ministerial Alliance. Father Morris with St. Jude Catholic Church will be the contact person at the present time Chuck Jestis with the Allen Police Department provided a demonstration of Argus, the new police dog for the K-9 Unit Program. Chuck Jesus is a canine hander and indicated the dog is very social and loves people. The dog searched out various drug lays and provided a demonstration of combat with the enemy Information was provided to the Council regarding an updated Standing Committee Assignment Program. Council was asked to provide any additional information to the City Manager prior to final approval. Discussion was held regarding the second point of access to Anderson Elementary School. It appears negotiations have broken off between Allen Independent School District (AISD) and the developer. The City of Allen will be working with AISD with regard to this situation. ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 2 Discussion was held regarding ball fields in the City of Allen. Apparently communication issues still need to be upgraded. It appears some damage has been done to various fields due to play when they were too wet. It is the City's call whether play takes place on the fields and that policy needs to be reviewed. Repairs have been taking place at the Recreation Center and various orders have been placed for other repair items. Upgrades to the Recreation Center area include: sod, drainage, trellis, etc. Community Waste Development (CWD) is preparing information to be distributed to all the citizens of Allen with the correct customer service telephone number and schedule. A preliminary bond resolution was distributed to Council. This information will be coming forward at the regular meeting on July 3 Council recessed at 7:05 p.m. for official photographs. Discussion of Consent Agenda and Reeular Aeenda Items (Agenda Item III) There was no discussion held regarding the Consent Agenda. Executive Session (Agenda Item IV) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 7:21 p m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas in order to discuss matters pertaining to: Personnel Evaluation/Response The Executive Session was recessed at 7:28 p in REGULAR SESSION - 7:30 P.M. With a quorum of the Councilmembers present, the regular session of the Allen City Council was reconvened by Mayor Terrell at 7:30 p.m. on Thursday, June 19, 1997, in the Council Chambers of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas CONSENT AGENDA (Agenda Item VI) Councilmember Thomas stepped down from the Council bench due to a conflict of interest. �* MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Powyszynski, the Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent Agenda as recommended and as follows: A Approve Minutes of the June 5, 1997, Regular Meeting. ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 3 B. Adopt Ordinance Updating the Code of Ordinances for the City of Allen Ordinance No. 1504-6-97: An Ordinance of the City of Allen, Collin County, Texas, Adopting and Enacting Supplement Numbers 8 and 9 to the Code of Ordinances for the City of Allen; Providing a Severability Clause; Providing a Penalty for Such Violation Thereof; and Providing When Such Supplements and this Ordinance Shall Become Effective. C. Approve Site Plan for Allen Civic Complex to Include a Temporary Building for a Two Year Period. D Authorize Execution of a Contract with the Low Bidder for the Construction of Cedar Drive and Station Park Drive and Approve the Constmction Budget. City Council authorized City Manager Jon McCarty to execute a contract with the low bidder, Ed Bell Construction, in the amount of $2,028,770.05 and approve the budget for the construction of Cedar Drive, Station Park Drive and the improvements to Cedar Drive from Main Street to St. Mary's Park. Engineering $199,920.00 Easement Acquisition $75,600.00 Construction Cost $2,028,770.05 Contingency $255,134.55 Materials Testing 40 575.40 PROJECT TOTAL $2,600,000.00 E. Confirm Action of Sign Control Board to Deny Variance Requested by Greenway/Albertson for an Additional Class 5 Multi -Use Sign at 25 Feet in Height and 150 Square Feet in Size. Tax Report. G. Set July 17, 1997, as a Public Hearing Date to Establish Shopping Center Zoning for a 13.696 Acre Tract of Land in the Michael See Survey, Abstract No. 543; Further Described as Being Located at the Southwest Corner of McDermott Drive and Watters Road H. Approve Bills Associated with the 1985 and 1994 Capital Improvement Program. 1. Alpha Testing, Inc. [Bethany Drive (US 75 to BelAir)] $260.00 For: Invoice #18728 Funding Source: 1985 Street Bonds Period* May 31, 1997 S'¢ 2. Clark Condon Associates (Allen Station Park) $22,409.57 For: Allen Station Park Basic Services Funding Source 1994 Park Bonds Period: thru May 31, 1997 ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 4 3. Black & Veatch (Pump Station and Ground Storage/ $500.00 NW Quadrant of City) For: Preliminary Engineering Lay Out of Proposed Pump Station #3 Funding Source: Water Impact Fees Period: Services thin May 23, 1997 4. Harte Hanks Community Newspaper, Inc. $47.25 [FM 2170 (US 75 to Custer Rd.)] For: Advertising of McDermott West Bid Funding Source. Facility Agreement Watters Crossing Period, May 31, 1997 5. Huitt-Zollars (Cedar Drive) $31,791.54 For: Design Phase Funding Source: 1994 Park Bonds (Interest Earned) Period: thin June 9, 1997 6. David C. Baldwin, Inc. (Neighborhood Park Renovations) $1,342.18 For. Park and Playground Planning Services Funding Source: 1994 Park Bonds Period: thin April 2, 1997 7 Blair Graphics (Allen Station Park) $469.20 For: Allen Station Park Basic Services Funding Source: 1994 Park Bonds Period: thin lune 12, 1997 8. Black & Veatch (Ground Storage Tank at Stacy Road) $500.00 For: Invoice #034509010050949 Funding Source: Water Impact Fees Period thru June 4, 1997 9 Binkley & Barfield, Inc. [Exchange Parkway (Watters to Alma)] $500.00 For: Invoice #6914 Funding Source: 1992 Street Bonds Period: June 3, 1997 10. Buckley & Barfield, Inc. [Bethany Drive (US 75 to BelAir)] $500.00 For: Invoice #6915 Funding Source 1985 Street Bonds Period: June 1997 11 H-GAC (Fire Station #4) $235,917.00 For: Contingencies Funding Source: 1996 Bonds Period: May 28, 1997 ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 5 12. Gay, McCall & Isaacks [FM 2710 (US 75 to Custer Road)] $155.00 For: Judgment Letter Preparation Funding Source: Facility Agreement Watters Crossing Period: June 4, 1997 The motion carried Councilmember Thomas returned to the Council bench. End of Consent Agenda Council Committee Reports (Agenda Item VII) Services: • Update on Fire Station #4 and Ambulance, Grass Tmck, and Fire Truck • Update on Canme Program • New Radio Communication System • Library Interlocal Agreement Update • Community Development Corporation • Update on Neighborhood Parks • Gun Range Site Development: • DensityRQoort - Planning and Zoning Commission and Staff needs to be involved on this issue • Proposed Bike Plan • Work Program Finance/Administration: • No Report Mayor's Committee: • Review Current Council Agenda • Economic Development Activity • Standing Committee Assignments • Update on Anderson School Road Access - Citizen Appearance request from Kim Plainer, 1505 Quail Run, Allen, Texas Citizen's Comments There were no citizen's comments. (Agenda Item VIII) L I E, ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 6 Introduction of Mr. Don Horton, CLP, new (Agenda Item IX) Director of Parks and Recreation Department for the City of Allen City Manager Jon McCarty introduced Don Horton, the new Director of Parks and Recreation for the City of Allen Mr. Horton briefly reviewed his background in the Parks field and indicated that he was happy to be a part of the new community of Allen. Administer Oathsof-Office and Present Certificates- (Agenda Item X) of -Appointment to New Members of the Newly Formed "Keep Allen Beautiful Board" and Certification -of -Appointment to Newly Appointed Planning and Zoning Commission Member City Secretary Judy Morrison administered the Oaths -of -Office to the following newly appointed members of the "Keep Allen Beautiful Board" Mayor Terrell presented the Keep Allen Beautiful Board Members and the newly appointed Planning and Zoning Commission member, Mark Pacheco, a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members who are serving their community Presentation by Mike Sims, Council of Govern- ments, Regarding the Bikeways Technical Assistance (Agenda Item XI) Community Development Director Bill Petty introduced Mike Suns of the North Central Texas Council of Governments (NCTCOG). In September 1995, the NCTCOG completed the bike ways technical assistance project. The NCTCOG sees the bicycle as a mode of transportation to alleviate various pitfalls of our vehicular mode. The plan used Allen's land use and the basic population estimates and traffic conditions. Certain streets were considered as on -road or added -lane roadways as well as greenbelt areas. This was an information item only with no action being taken by Council. Expiration Date Place No. I - Sandra Sanders September 30, 1999 Place No. 2 - Heidi Smalley September 30, 1998 Place No. 3 - Sherry Johnson September 30, 1999 Place No. 4 - Patricia Buckley September 30, 1998 Place No. 5 - Lonnie Simmons September 30, 1999 Place No. 6 - Melissa Owen September 30, 1998 Place No. 7 - Phillip Lakin, Jr. September 30, 1999 Mayor Terrell presented the Keep Allen Beautiful Board Members and the newly appointed Planning and Zoning Commission member, Mark Pacheco, a Certificate -of -Appointment certifying their new position and expressed a welcome and a sincere thanks to the members who are serving their community Presentation by Mike Sims, Council of Govern- ments, Regarding the Bikeways Technical Assistance (Agenda Item XI) Community Development Director Bill Petty introduced Mike Suns of the North Central Texas Council of Governments (NCTCOG). In September 1995, the NCTCOG completed the bike ways technical assistance project. The NCTCOG sees the bicycle as a mode of transportation to alleviate various pitfalls of our vehicular mode. The plan used Allen's land use and the basic population estimates and traffic conditions. Certain streets were considered as on -road or added -lane roadways as well as greenbelt areas. This was an information item only with no action being taken by Council. ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 7 Public Hearing to Establish Planned Development (Agenda Item 7HI) Zoning with Shopping Center and Residential Uses on a 57.703 Acre Tract of Land Located in the J. J. Miller Survey, Abstract No. 609, City of Allen, Colin County, Texas; Further Described as Being Located at the Southeast Corner of Stacy Road and Malone Road as Requested by Dan Tomlin III Community Development Director Bill Petty reviewed the request to establish Planned Development Zoning with Shopping Center and Residential Uses on a 57 703 Acre Tract of Land Located in the J. J Miller Survey Goodman Road is an access easement on the eastern portion of this property and provides access to the Fainneadow Addition. There is a maximum of 139 lots proposed for the residential, which translates into 3.0 dwelling units per acre. The right-of-way for Malone Road is being increased to 120' to allow for the construction of a major thoroughfare. A zoning analysis indicates that the proposed density exceeds the Comprehensive Plan allocation by 40 dwelling units. Mr. Robert Porter of Cummings & Pewitt spoke before the Council on behalf of Tomlin reviewing the request Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. Mr. Fred Simonsen, 731 River Oaks Drive, Fairview, Texas, did not speak before the Council but requested his opposition to the request be recorded due to the density S. Breiseth, 661 E. Meandering Way, Fairview, Texas, on behalf of the Town of Fairview spoke in opposition to the request for the following issues: 1) density; 2) commercial is directly across from one -acre residential in Fairview; and, 3) school issues Mr. Gene Scott, 1804 Green Acre Circle, Allen, Texas, spoke in support of the density, open space area, and roadway improvements, but has concern regarding the commercial location. Councilmember Gallagher stepped down from the bench due to a previous engagement Mayor Terrell closed the public hearing. MOTION: Upon a motion made by Councilmember Thomas and a second by Councilmember Owen, the Council voted four (4) for and two (2) opposed with Mayor Pro Tem Kerr and Councilmember Folk casting the negative votes to confirm the Planning and Zoning Commission's recommendation to establish Planned Development Zoning with Shopping Center and Residential Uses on a 57 703 Acre Tract of Land Located in the J. J Miller Survey The motion carried. Public Hearing on a Request to Establish (Agenda Item XIII) Reinvestment Zone #12 to Support a New Facility in Allen and Adopt an Ordinance Implementing Reinvestment Zone #12 ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 8 Economic Development Director David Pitstick presented background information to the Council regarding Reinvestment Zone #12. On May 28, 1997, the Allen Economic Development Corporation (AEDC) Board of Directors unanimously recommended a 40% tax abatement on real property each year for ten years to support a new 80,000 square foot office building to be occupied by Peerless Incorporated in Allen, located south of the existing Experian facility or at the northeast comer of Ridgemont Road and US 75. The estimated value of the budding is $4 million which will be subject to the proposed property tax abatement. The personal property is estimated to be approximately $2 million of which will not be subject to the property tax abatement. Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the request to do so at this time. With no one speaking either for or against the request, Mayor Terrell closed the public hearing. Mr. David Nobel with Trammell Crow reviewed the projected model of the building. Mr. Gary Austin with Peerless presented background information regarding the Peerless Company It is expected that completion of the building will take place by February 1, 1998. Peerless has signed a 15 -year lease on the building. Ordinance No. 1505-6-97: An Ordinance of the City of Allen, Collin County, Texas, Designating a Certain Area as an Industrial Reinvestment Zone; Providing for the Establishment of Agreements within the Zone, and Other Matters Relating Thereto; Providing Findings of Fact; Providing a Severability Clause; and Providing an Effective Date for the Commencement of the Reinvestment Zone and this Ordinance. MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Powyszynski, the Council voted six (6) for and none (0) opposed to approve Ordinance No. 1505-6-97 as previously captioned in accordance with the Allen Economic Development Corporation Board of Directors' recommendation. The motion carried. Council took a brief recess. First Reading of Ordinance Extending the Present (Agenda Item XIV) Franchise Agreement for Local Telephone Service with Southwestern Bell Telephone Company Assistant City Manager Michael Stanger provided background information regarding the franchise agreement for local telephone services. This ordinance will be reviewed by the Finance/Administration Standing Committee prior to the second and third readings. �I I A ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 Ordinance No. 1506-6-97: An Ordinance of the City of Allen, Texas, Amending Ordinance No. 1115-6-92 to Amend Section 4 Term to Extend the City Franchise with Southwestern Bell Telephone Company for One Year; and by Amending Section 16 to Add Certain Termination Rights; Providing a Severability Clause; Providing a Repealing Clause; Providing for Written Acceptance of this Ordinance by the Telephone Company; and Providing for an Effective Date. PAGE 9 MOTION: Upon a motion made by Counc lmember Powyszynski and a second by Councilmember Owen, the Council voted five (5) for and none (0) opposed (with Mayor Pro Tem Kerr out of the room during the vote) to pass on to the second reading of Ordinance No 1506-6-97 as previously captioned in accordance with staffs recommendation. The motion carried. Mayor Pro Tem Kerr returned to the Council bench. Other Business: A TML Region 13 Meeting (Agenda Item XV) City Secretary Judy Morrison reviewed the TML Region 13 Dinner Meeting to be held on Thursday, July 10 beginning at 6:00 p.m. Those interested in attending this meeting were asked to contact her for reservations. B. Calendar June 28 August 15-17 C. Items of Interest Allen USA Celebration Budget Retreat City Secretary Judy Morrison informed the Council she had received two booklets from the Attorney General's Office regarding Juvenile Justice and Economic Development. Those interested in reviewing the booklets may contact her. D. Acknowledge Standing Committee Assignments There was no additional action taken on this item. E Recreation Center Utilization Review It was the consensus of the Council for the City Manager to notify the City of Lucas that the Joe Farmer Recreation Center would be available for memberships to only Allen residents until such time additional review and consideration may be taken on the issue. ALLEN CITY COUNCIL REGULAR MEETING JUNE 19, 1997 PAGE 10 The regular Council meeting was recessed at 10.05 p.m and Council reconvened into Executive Session at 10.10 p.m. on Thursday, June 19, 1997, in the Conference Room of the Allen Public Library Executive Session (Agenda Item IV) In accordance with The Texas Local Government Code, Legal, Section 551.071, Property, Section 551.072, Personnel, Section 551.074, Staff Presentations, Section 551.075, the Allen City Council reconvened into Executive Session at 10:10 p.m. in the Conference Room of the Allen Public Library, Two Allen Civic Plaza, Allen, Texas in order to continue discussing matters pertaining to: Personnel Evaluation/Response The Executive Session was adjourned at 11.15 p.m Reconvene and Consider Action on Items Discussed Durine Executive Session (Agenda Item V) The Allen City Council reconvened into regular session at 11.17 p.m. on Thursday, June 19, 1997, in the Council Chambers of the Allen Public Library There was no action taken on items discussed in Executive Session. Adjourn (Agenda Item XIII) MOTION: Upon a motion made by Councilmember Powyszynski and a second by Councilmember Fulk, the Council voted six (6) for and none (0) opposed to adjourn the regular session of the Allen City Council at 11.17 p.m. on Thursday, June 19, 1997 The motion carried These minutes approved on the 3rd day of July , 1997 APPROVED: Stephen Terrell, MAYOR ATTEST: J y Mo son, CMC, CITY SECRETARY 11